Adams Oh V Barclaycard

[joload]

I will be sending off my LPA tomorrow for this account not much £260 but it all counts.

[joload]

Received a partial offer of £105....so off to court we go I think.

 

Its worryiying though as I can't see many claims that have gone to court most get full offer at :BA stage don't they??? they mustn't like me.

[e28bigalbexley]

Hi

Yep They will take it the full mile. But you can write and say thankyou for your offer, I'll accept it as part payment but will pursue you through the courts to recover the full amount.

 

Al.

[e28bigalbexley]

Just a note if you only have statements back to 2004 because of their microfiche arguement state on you letter as partpayment towards your claim

**/**/2004 .... 16/10/2006 Just in case you wanna claim for before 2004

[joload]

Mcol Completed And Submitted Today.

[joload]

Well I heard nothing for a while about this one they paid the £105 in to the account and then reduced the credit limit from £2600 to £260 THANKS a bunch - we had just paid a load off hoping to do a balance transfer too!!

 

Anyway got an allocation questionaire in the post this morning so think they are truely taking it all the way - Am getting quite scared now.

[joload]

in completing the allocation questionaire what do i put in other infor and do i need to putthat they have already given up a partial settlement although we didnot accept this as full and final?

[e28bigalbexley]

in completing the allocation questionaire what do i put in other infor and do i need to putthat they have already given up a partial settlement although we didnot accept this as full and final?

 

Try this guide

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

as for the partial settlement mention that in the AQ in the other info too otherwise they will moan about deceit to the DJ, also as a courtesey you could send a copy to B/C.

HTH

Al.

[joload]

Well sent of the AQ and we have now got a court date of 14 march - no copy of thier AQ? Scared now GULP

[e28bigalbexley]

HI, Happy New Year

Try not to worry if you could post their defence on here (you'll probably have to type it) but we can have at look to see if its similar to the ones weve recieved if that will help:) . But really in all probability it wont get into court have a read of a few threads on hear and the woolwich forum they have never set foot in the court yet;) . And your the claimant not

the defendant. If want a copy you can call the court but i would not have thought there would be anything of interest the AQ in your case was there to allocate a track ie:small claims which i assume they have done

AL:D

[joload]

OK this is what it says

Dated 20 December 2006

 

the papers in this claim were considered by disrtict judge DD who allocated the claim to the small claims track to be heard 14/03/2006 (i assume they mean 2007)

 

The followng directions apply to this claim

 

1) the claimant salll within28 days of service of this order send to the defendant and to the court

 

a) a shedule setting out each charge repayment of which is sought, showing date ammount and reason for the charge being made

 

b) copies of any statement or other document replied apon in court showing each and every charge been made

 

c) a statement of evidence of all matters relied apon as tending to show that the charges are irrecoverable as penalties or otherwise

 

d) copies of decided cases and other legal materials to be relied apon

 

2) the defendat shall within 28 days thereafter file and sweve a response to the claimants schedule , stating in respect of each item claimed

 

a) pursuant to what contractual provision such charge was made producing a copy of the contractual document replied upon

 

b) whether such charge is accepted to be a penalty if not why not

 

C) If such charge is alleged ro be a pre estimate of the defendants loss incurres by the claiments actions (whether or not such action is to be treated as a breach of contract between the parties)

d) any witness statemenst

 

e) copiesof decided cases and other legal materials o be relied upon

 

3) The original documents shall be brought to the hearing

 

4) The court must be informed immediately if the case is settled by agreement before the hearing date.

 

 

 

So this is what Ihave receibved from the court - I thought it was defence from barclaycard but after reading it it seems pretty standard - can someone explain what I need tocopy and send off along with my schedule of charges please,

 

 

Manythanks

[barracad]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[bs0lth]

Well I heard nothing for a while about this one they paid the £105 in to the account and then reduced the credit limit from £2600 to £260 THANKS a bunch - we had just paid a load off hoping to do a balance transfer too!!

 

Barclaycard did this to me as well, I paid off quite a bit and they reduced my limit, but they also changed my conditions of use. I dont know why... but I just want it paid off and closed..

 

good luck with your claim.

[joload]

Right just about to send the bundles off and am indexing the pages - I can't dind where the UCTA 1977 ends and soga begins or the oft summary begins?? Sorry I am confussed

 

edit - found the soga bit now just looking for the OFT summary -

 

WHOA this is soooo daunting

[joload]

I am so scared now - barclaycard actually go to court I thought that it would all be settled before hand - GULP

 

Can someone send some nice words of advice to me as I am bricking it

[silentcharisma]

Don't worry you'll be fine, I'm just a little behind you in the process.... just trying to sort out the court bundle but don't actually have a clue as to what I'm supposed to use out of the court bundle?!! If you have any advice it would be much appreciated.

As for court I reakon they may fold the day before haven't actually found any threads of people going to court so try not to worry too much. Also found an article in the paper saying that experts estimate that the true cost of processing a bounced cheque is just £4.50 while dealing with an unauthorised overdraft or bounce direct debit is said to cost banks £2.50!!!

Campaigning MP's say penalty charges are not only inconvenient and unfair but illegal in many cases.

Liberal Democrat front bencher Matthew Taylor, who secured a debate on the practice in Parliament last week said "It is the biggest bank robbery in history and it involves the banks robbing their own customers, especially the poorest customers. The disproportionate and punitive nature of these charges means they have always been illegal. If a consumer breaks a contract, the other party cannot impose a charge greater than a reasonable estimate of loss. And the banks know this. I have helped constituents regain thousands by threatening to take it to court.

 

So as you can see if they all know its illegal we can't loose.

[joload]

Thanks for that

 

I have put in the pack my letters prelim and lba then my statemenst showing the charges then my charges spreadsheet then the bundle and now am just number ing the pages to make my contents page.

 

think thats it I hope

 

make 3 copies send one to court with your court number on front - one to barclay and keep one for yourself

 

good luck

[joload]

Just Realise I Hadn't Put My Claim Number On For You Guys

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